Ex parte MARK G. VOSS et al. - Page 3




              Appeal No. 96-1677                                                                                       
              Application 08/144,735                                                                                   



              tube slots that are in the header portion of the tank/header assembly.  The crests and                   
              valleys allow full flow through the elongated flattened tubes.                                           
                     Claim 9, reproduced below, is representative of the subject matter on appeal.                     
                     9.  A heat exchanger comprising                                                                   
                     a plurality of flattened tubes, each having a minor dimension and a major                         
              dimension transverse thereto, extending in spaced parallel relation;                                     
                     fins between and in heat exchange relation with said tubes; and                                   
                     a pair of spaced parallel elongated headers/tank assemblies between which said                    
              tubes extend, at least one of said headers/tank assemblies being a multiple piece                        
              header including a header piece and a separate tank piece, said header piece being                       
              elongated and having a plurality of slots sized to receive ends of said tubes with the                   
              tube major dimensions being generally transverse to the direction of elongation of said                  
              header piece, said header piece further including opposed elongated flanges extending                    
              along its length, said tank piece being elongated, concave and having opposed                            
              elongated flanges extending along its length and nested within the flanges of said                       
              header piece and bonded thereto to form a unitary tubular structure, the flanges of the                  
              tank piece having alternating crests and valleys, said valleys having a width greater                    
              than said tube minor dimension and being aligned with said tube ends;                                    
                     whereby flow to said tubes is not obstructed by said tank flanges because of the                  
              valleys therein being aligned with said tube ends to provide reliefs therefor.                           

                     The appellants and the examiner do not agree over whether claims 9 through 14                     
              stand or fall together.                                                                                  
                     Turning first to the appellants’ Brief, the first sentence under “GROUPING OF                     
              CLAIMS” on page 5 seems to indicate that the appellants are accepting of the                             
              examiner’s grouping of claims 9 through 14 together.  However the next sentence                          
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